(A) Purpose and intent.
1. The purpose of these regulations is to provide clearly stated land use regulations and development standards that allow for the development of accessory dwellings in compliance with applicable state regulations and local land use policy. In accordance with the applicable sections of Cal. Gov’t Code §§ 65852.2 and 65852.22, this section is intended to define and provide standards by which the city staff shall evaluate and ministerially approve an application for the siting and construction of an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU).
2. These regulations are intended to encourage the development of accessory dwellings providing for the expanded variety of housing opportunities for all income levels while retaining compatibility with surrounding uses.
(B) Applicability. The regulations set forth in this section shall apply in all R-E (Estate Residential District), R-1 (Low Density Residential District), R-2 (Medium Density Residential District), R-3 (High Density Residential District) and DTC (Downtown Commercial District) zoning districts. These regulations shall also apply in all PD (Planned Development Overlay District) zoning districts permitting residential uses.
(C) Permitted uses. Accessory dwelling units and junior accessory dwelling units are permitted by right in residential zoning districts pursuant to § 5-3-15
, in compliance with the regulations herein.
(D) Provisions for development. The following provisions shall apply to permit applications for new accessory dwelling units.
1. Permits for ADUs and JADUs shall be in compliance with underlying zoning requirements and regulations, except as may be provided in this section.
2. An accessory dwelling unit shall not be considered a new residential use unless it is built concurrently with the new construction of a single-family unit or multi-family building.
3. An accessory dwelling unit shall not count towards density requirements on the lot.
4. An accessory dwelling unit shall not count towards determining the building square footage in calculating the maximum lot coverage percentage.
5. Accessory dwelling units shall have independent exterior access from the primary dwelling. No passageway to the primary dwelling shall be required.
6. Accessory dwelling units shall be in compliance with applicable building, fire and other health and safety codes. Fire sprinklers shall not be required for an accessory dwelling unit if sprinklers are not required for the primary dwelling unit.
7. Accessory dwelling units are required to provide solar panels if the unit(s) is a newly constructed, non-manufactured, detached ADU. Per the California Energy Commission (CEC), the panels can be installed on the ADU or the primary dwelling unit. Accessory dwelling units that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar panels.
(E) Permitted locations and types.
1. ADUs are permitted in all zoning districts allowing single-family or multi-family residential uses on lots with existing or proposed dwellings.
2. An ADU may be established in the following methods:
(a) Attached to, or located within, an existing or proposed primary dwelling;
(b) As a new detached structure, or located within or attached to an accessory structure, including garages, storage areas or similar structures;
(c) As a conversion of existing attached or detached accessory structures, including garages, storage areas or similar structures; or
(d) As a reconstruction of an existing structure or living area that is proposed to be converted to an ADU, or a portion thereof, in the same location and to the same dimensions and setbacks as the existing structure.
3. One ADU and one JADU may be established per lot with a proposed or existing single-family dwelling if all of the following apply:
(a) The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress;
(b) The space has exterior access from the proposed or existing single-family dwelling;
(c) The side and rear setbacks are sufficient for fire and safety access; or
(d) The junior accessory dwelling unit complies with the requirements of Cal. Gov’t Code § 65852.22.
4. One JADU may be established within the space of an existing or proposed single-family residence only on a lot that is zoned to allow single-family residential uses.
5. A JADU may be established within the space of the primary dwelling in combination with the construction of one detached, new construction ADU not exceeding 1,200 square feet and a height of 16 feet with four-foot side and rear yard setbacks.
6. ADUs shall be permitted only on residentially zoned lots developed with existing multi- family dwellings subject to the following provisions.
(a) A minimum of one ADU may be constructed, or up to 25% of the existing multi-family dwelling units, within non-livable space, including, but not limited to, storage rooms, passageways, attics, basements or closets, if each unit complies with state building standards for dwellings.
(b) The construction of two detached ADUs shall have a maximum height of 16 feet and four-foot side and rear setbacks. In this case, only two detached ADUs are permitted on lots developed with existing multi-family dwellings.
(F) Development standards.
1. ADU type, location and size shall be subject to the following standards.
(a) An ADU attached to an existing primary dwelling shall not exceed 50% of the total existing or proposed living area of the primary dwelling, except that a one bedroom attached ADU shall be allowed up to 850 square feet, and 1,000 square feet for attached ADUs with more than one bedroom pursuant to Cal. Gov’t Code § 65852.2(c)(2)(B).
(b) An ADU structurally independent and detached from the existing or proposed primary dwelling shall not exceed 1,200 square feet.
2. JADU location and size shall be subject to the following standards.
(a) A JADU shall be constructed entirely within an existing or proposed primary dwelling and shall not exceed 500 square feet.
(b) JADUs shall have an independent exterior entrance from the primary dwelling but may also include shared access between two units.
(c) A JADU, at a minimum, shall include an efficiency kitchen that includes the following:
(1) A cooking facility with appliances; and
(2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(d) The property owner shall reside in either the principal dwelling unit or the junior accessory dwelling unit.
(e) Prior to the issuance of a certificate of occupancy for the JADU, the property owner shall file with the City a deed restriction for recordation with the County Recorder, which shall run with the land and include provisions listed in Cal. Gov’t Code § 65852.22 and state the following:
“The property contains an approved accessory dwelling unit pursuant to Chapter 5 of the Livingston Municipal Code and is subject to the restrictions and regulations set forth in that chapter. These restrictions and regulations generally address development regulations, owner occupancy, and lease requirements, limitations on the size of the accessory dwelling unit, and parking requirements. Current restrictions and regulations may be obtained from the City of Livingston planning division. These restrictions and regulations shall be binding upon any successor in ownership of the property”.
3. Setbacks shall be subject to the following standards.
(a) The minimum setback for an accessory dwelling unit is four feet from the side and rear lot lines, ten feet from the street side lot line and 20 feet from the front lot line.
(b) No setback shall be required for an existing living area or accessory structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an ADU, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(c) Where feasible, setbacks from other structures on the lot shall be consistent with the city-adopted building code for new construction ADUs, except for a legally established, existing structure that is converted to an accessory dwelling unit or to a portion of an ADU.
4. Utilities and impact fees shall be subject to the following standards.
(a) Adequate roadways, public utilities and services shall be available to serve the ADU. ADUs shall not be considered a new residential use for the purpose of calculating connection fees or capacity charges for sewer and water. Installation of a separate direct connection between an ADU contained within an existing structure and the utility shall not be required. ADUs not within an existing structure shall be required to install a new or separate utility connection and be charged a connection fee and/or capacity charge. These charges shall be proportionate to the burden imposed by the ADU on the water or sewer system on either its size or the number of plumbing fixtures as determined by the city.
(b) No impact fee shall be imposed for an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(G) Mobilehomes or manufactured homes. Mobilehomes or manufactured housing shall be permitted as an ADU, only if they are installed on permanent foundations, the mobilehome complies with the 1974 National Manufactured Housing Construction and Safety Act, and is ten years or newer and connected to public utilities. Recreational vehicles, including, but not limited to, motor homes, travel trailers, fifth-wheel trailers and houseboats, do not qualify as an ADU as defined in this section.
(H) Off-street parking.
1. At least one additional off-street parking space shall be required for the ADU or per bedroom, whichever is less, unless otherwise exempt under this division (H).
2. The parking spaces required for the ADU can be in tandem to the required off-street parking of the main dwelling unit, may be uncovered, and can be located within the front yard as long as all other yard requirements are met.
3. When a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(I) Off-street parking exemption. Off-street parking shall not be imposed in any of the following instances:
1. The ADU is located within one-half mile walking distance to public transit;
2. The ADU is located within an architecturally and historically significant historic district;
3. The ADU is part of the existing primary residence or an existing accessory structure;
4. When on-street parking permits are required, but not offered to the occupant of the ADU; and
5. When there is a car-share vehicle located within one block of the ADU.
(J) Owner occupancy.
1. If the owner occupies the primary residential unit, the owner may rent the ADU to one party. If the owner occupies the ADU, the owner may rent the primary residence to one party. The owner may rent both the primary residential unit and the ADU together to one party who many further sublease any unit(s) or portion(s) thereof. The owner shall be a signatory to any lease for the rented unit, for which the City may reasonably require a copy of to verify compliance with this chapter and shall be the applicant for any permit issued under this chapter. Owner occupancy for the primary dwelling or the ADU is not required for ADUs approved between January 2020 and January 2025. The rental of the ADU shall be longer than 30 days.
2. The ADU shall not be sold or held under a different legal ownership than the primary residence, nor shall the lot containing the ADU be subdivided, except as provided in Cal. Gov’t Code § 65852.26.
(K) Process and timing.
1. An ADU or JADU is considered and approve ministerially, without discretionary review or hearing, if it meets the minimum standards in this chapter.
2. The city must act on a building permit application to create an ADU or JADU within 60 days from the date that the city receives a completed permit application, unless either:
(a) The applicant requests a delay, in which the 60-day time period is tolled for the period of the request delay; or
(b) If the building permit application to create an ADU or JADU is submitted is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the ADU or the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU unit shall still be considered ministerially, without discretionary review or a hearing.
(Ord. 607, passed 8-20-2013; Ord. 659, passed 6-21-2022)